People v Whitehurst, Eric
Motion No: 2001-02029
Slip Opinion No: 2006 NYSlipOp 64746(U)
Decided on March 7, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M36558

C/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

DANIEL F. LUCIANO, JJ.

2001-02029

The People, etc., respondent,

v Eric Whitehurst, appellant.

(Ind. No. 3423/99)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an application for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this court dated May 17, 2004 (People v Whitehurst, 7 AD3d 738), modifying a judgment of the Supreme Court, Queens County, rendered February 28, 2001, which was denied by decision and order of this court dated November 25, 2005.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

PRUDENTI, P.J., FLORIO, MILLER and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court